HomeMy WebLinkAbout09/08/2009 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
September 8, 2009 — 7:00 p.m.
I. STUDY SESSION - 3:00 p.m
II. CLOSED SESSION - 4:51 p.m.
A. Conference with Legal Counsel -7: Existing Litigation (Government Code 154956.9
(g)): Seven matters:
* Harvey v. City of Newport Beach, Orange County Superior Court Case No.
07CC05400; Court of Appeals, Fourth Appellate District, Case No. G042257.
* IBC Litigation Matters: Four matters, all arising out of the IBC Litigation against the
City of Irvine:
1. Newport Beach/Tustin v. City of Irvine (Martin Street), Orange County
Superior Court Case No. 07CC01264.
2. Newport BeachlTustin v. City of Irvine (2851 Alton), Orange County Superior
Court Case No. 07CC01265.
S. Newport BeachlTustin v. City of Irvine (HCG), Orange County Superior Court
Case No. 30- 2008 - 0022885- CU- WM -CXC.
4. Newport Beach/Tustin v. City of Irvine (Accessory Retail Business
Regulations), Orange County Superior Court Case No. 30- 2009 - 00264696.
* Lundquist v. City of Newport Beach, Orange County Superior Court Case No. 30-
2009 00123544.
* Save Irreplaceable Land Forms Coalition v. City of Newport Beach, Orange
County Superior Court Case No. 30 -2009 002983006.
B. Conference with Legal Counsel - Anticipated Litigation - E%AOsure to Litigation
(Government Code § 54956.90: One matter:
1. Potential litigation regarding the claim of discrimination filed by Brett Smith.
C. Consider the Appointment, Employment, Evaluation of Performance Discipline.
or Dismissal of Public Employee (Government Code § 54957(b)(1)): The City
Council will meet in closed session to consider the appointment, employment, evaluation of
performance, discipline, or dismissal of one public employee.
1. Title: City Attorney
III. RECESS
IV, RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
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V. ROLL CALL
Present: Council Member Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb,
Council Member Gardner, Council Member Daigle
Excused: Council Member Rosansky
VI. CLOSED SESSION REPORT
Regarding Harvey v. City of Newport Beach, City Attorney Hunt reported that Council
unanimously approved the settlement of the matter and that Public Information Manager
Finnigan has details regarding the settlement.
Regarding Save Irreplaceable Land Forms Coalition v. City of Newport Beach, City
Attorney Hunt reported that Council unanimously authorized the joint defense of the matter with
the Aerie project applicant.
VII. PLEDGE OF ALLEGIANCE - Council Member Henn
VIII. INVOC TA ION - Council Member Webb
DI. PRESENTATIONS
Life Saving Award Presentation - Mayor Selich presented Certificates of Recognition to Craig
Covey, Kevin Byrne, and Newport Fire Station No. 2 for their life saving efforts performed on July
7, 2009 at the West Newport Community Center.
Presentation of Insurance Services Offices (ISO) Award - Tim Perella, ISO Representative,
presented Mayor Selich and Building Director Elbettar with the award.
Proclamation Recognizing International Literacy Day - Mayor Selich read and presented
the proclamation to Carolyn Scheer, President of the Library Literacy Program Advisory Board.
Proclamation for City Manager Homer Bludau - Mayor Selich read and presented the
proclamation to City Manager Bludau. Mayor Selich and Council thanked him for his dedication,
honesty, integrity, leadership, and hard work, and for always doing what was best for the City.
City Manager Bludau discussed his time with Newport Beach and thanked Council for the
proclamation.
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR
REPORT (NON- DISCUSSION ITEM)
Council Member Daigle indicated that Coast Guard Lt. Kristopher Ensley will be relocated to
Washington DC to work in legislative affairs and believed that he may be able to help the City
with harbor issues.
Council Member Gardner reported that the Coastal/Bay Water Quality Committee will be
receiving a presentation about the Poseidon desalination plant on September 10 at 3:00 p.m. in the
Fire Conference Room. She also requested that an item be placed on the nest agenda to establish
a bicycle task force made up of residents and Council Members.
Mayor Pro Tem Curry reported that he and Council Member Gardner attended the Corona del Mar
Residents Association Preparedness Expo on August 19. He also commended the City Arts
Commission for another successful summer of concerts, and indicated that he attended the Pretend
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City Children's Museum grand opening in Irvine, a hearing on California's fiscal future, and USC's
opening football game.
XII. CONSENT CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR
MEETING OF AUGUST 11, 2009, AND THE SPECIAL MEETING OF
AUGUST 18, 2009. [100 -2009] Waive reading of subject minutes, approve as
written and order filed. [Council Member Gardner and Council Member
Daigle abstained on this item]
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of
all ordinances and resolutions under consideration, and direct City Clerk to read
by title only.
B. ORDINAN_ CE FOR ADOPTION
3. TRANSIENT OCCUPANCY TAX (TOT)NISITOR SERVICE FEE
ORDINANCE UPDATE RE: THE PAYMENT OF TAX AND FEES PRIOR
TO SEEKING JUDICIAL REVIEW. 1100 -20091 Adopt Ordinance No. 2009 -17
amending Chapters 3.16 and 3.28 of the Newport Beach Municipal Code relating
to the payment of Uniform Transient Occupancy Taxes (UTOTs) and Visitor
Service Fees (VSFs) prior to seeking judicial review.
C. ORDINANCES FOR INTRODUCTION
4. CHANGES TO NBMC 11.08.010 (OBSTRUCTION ON PUBLIC BEACHES
PROHIBITED) AND NBMC 11.08.020 (USE OF CONCEALING
UMBRELLAS PROHIBITED). 1100 -20091 Introduce Ordinance No. 2009 -18
amending Sections 11.08.010 and 11.08.020 of Chapter 11.08, City of the Newport
Beach Municipal Code, to further regulate the use of shade coverings on ocean
beaches, bay beaches, and tidelands, and pass to second reading on September 22,
2009.
5. FILM ORDINANCE AMENDMENTS TO CODIFY FILM LIAISON
POSITION, REQUIRE PERMITS FOR COMMERCIAL FILMING AT
PRIVATE RESIDENTIAL PROPERTY, AND AMENDING APPEAL
PROVISIONS. 1100 -20091 Introduce Ordinance No. 2009 -19 updating Chapter
5.46, regulating commercial film production, and pass to second reading on
September 22, 2009.
D. CONTRACTS AND AGREEMENTS
6. LITTLE CORONA RESTROOM REHABILITATION - COMPLETION AND
ACCEPTANCE (C- 3913). 1381100 -20091 a) Accept the completed work; b)
authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk
to release the Labor and Materials Bond 35 days after the Notice of Completion
has been recorded in accordance with applicable portions of the Civil Code; and d)
release the Faithful Performance Bond one year after Council acceptance.
MESA -BIRCH PARK - COMPLETION AND ACCEPTANCE OF CONTRACT
(C- 3787). [381100 -20091 a) Accept the completed work; b) authorize the City
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Clerk to file a Notice of Completion; c) authorize the City Clerk to release the
Labor and Materials Bond 35 days after the Notice of Completion has been
recorded in accordance with applicable portions of the Civil Code; and d) release
the Faithful Performance Bond one year after Council acceptance.
8. APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES
AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY (C- 3881),
APPROVAL OF AMENDMENT NO. 3 WITH GCI CONSTRUCTION, INC.
(C- 3882), AND APPROVAL OF AMENDMENT NO. 2 WITH VALVERDE
CONSTRUCTION, INC. (C -3994) FOR ON -CALL UNDERGROUND
UTILITY REPAIRS. [381100 -20091 a) Approve Amendment No. 3 to
Professional Services Agreement with Doty Brothers Construction Company for
on -call underground utility repair services, and authorize the Mayor and City
Clerk to execute the amendment; b) approve Amendment No. 3 to Professional
Services Agreement with GCI Construction, Inc. for on -call underground utility
repair services and authorize the Mayor and City Clerk to execute the
amendment; and c) approve Amendment No. 2 to Professional Services Agreement
with Valverde Construction, Inc. for on -call underground utility repair services,
and authorize the Mayor and City Clerk to execute the amendment.
9. REIMBURSEMENT AGREEMENT WITH HOAG MEMORIAL HOSPITAL
PRESBYTERIAN FOR SUPERIOR AVENUE MEDIAN IMPROVEMENTS
(C- 2912). [381100 -20091 a) Approve the Public Improvement Funding
Reimbursement Agreement with Hoag Memorial Hospital Presbyterian for the
Superior Avenue Median Improvements; and b) approve a budget amendment
(10BA -010) to appropriate $52,802.94 from the General Fund reserve account to
reimburse Hoag for the City's fair share cost for the Superior Avenue median
extension.
10. ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
WILLDAN ENGINEERING FOR DESIGN SERVICES (C4375). [381100-
2009] a) Approve a Professional Services Agreement with Willdan Engineering of
Anaheim, California, for design services at a not -to -exceed fee of $71,755.00, and
authorize the Mayor and City Clerk to execute the Agreement.
11. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT WITH POUR: & STEINLE, INC. FOR ON -CALL
ELECTRICAL SERVICES (C- 4052). 1381100 -20091 Approve Amendment No. 1
to Professional Services Agreement with Pouk & Steinle, Inc. for on -call electrical
services, and authorize the Mayor and City Clerk to execute the amendment.
12. ACCEPTANCE OF THE 2008 URBAN AREAS SECURITY INITIATIVE
(UASI) GRANT TRANSFER ALLOCATION (C- 8746). [381100 -20091 a)
Accept the 2008 UASI Grant Fund Training Allocation in the amount of
$49,358.17 to be utilized for reimbursement training costs associated with
approved Department of Homeland Security (DHS) courses for emergency
response personnel; and b) approve a budget amendment (10BA -009) increasing
revenue estimates by $49,358.17 in 1820 -486A, UASI Grant, and increasing
expenditure appropriations by $49,358.17 in 7014- C8002016.
18. PENINSULA POINT WATER AND SEWER IMPROVEMENTS -AWARD OF
CONTRACT (C4066). 1381100 -20091 a) Approve the project plans and
specifications; b) award the contract (C -4066) to Paulus Engineering, Inc. for the
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Total Bid Price of $1,415,079, and authorize the Mayor and the City Clerk to
execute the contract; and c) establish an amount of $141,000 to cover the cost of
unforeseen work.
15. NEWPORT BEACH CIVIC CENTER PROJECT - APPROVAL OF
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH
LEIGHTON CONSULTING, INC. FOR GEOTECHNICAL SERVICES (C-
4150). [381100 -20091 Approve Amendment No. 3 to the Professional Services
Agreement with Leighton Consulting, Inc., of Irvine, California, to provide
supplemental geotechnical exploration and consulting services at a not to exceed
price of $99,640, and authorize the Mayor and City Clerk to execute the
agreement.
16. JUSTICE ASSISTANCE GRANT (C- 4376). 1381100 -20091 Approve Agreement
to transfer funds for Fiscal Year 2009, Justice Assistance Grant (JAG), and
authorize the City Manager to execute the Agreement.
E. MISCELLANEOUS
17. RESPONSE TO GRAND JURY ON 'PAPER WATER - DOES ORANGE
COUNTY HAVE A RELIABLE FUTURE ? ". [100 -20091 Approve the response
letter to the Grand Jury report on "Paper Water - Does Orange County Have a
Reliable Future?" and authorize the Mayor to submit the report to the Presiding
Judge of the Superior Court pursuant to Penal Code 933.05 (a) and (b).
18. UNSCHEDULED VACANCY ON THE BUILDING AND FIRE BOARD OF
APPEALS. 1.100 -20091 Confirm the nominations of William Dildine and Stephen
Sandland as presented by the Ad Hoc Appointments Committee to fill the
unscheduled vacancy on the Building and Fire Board of Appeals as a result of the
resignation of Paul Larry Root.
19. REVISION OF TWO -HOUR PARKING LIMIT ON A PORTION OF SNUG
HARBOR ROAD. [100 -2009] a) Adopt Resolution No. 2009 -62 limiting the
parking of vehicles on certain streets to two hours and rescinding Resolution No.
2001 -88; and b) introduce Ordinance No. 2009 -63 approving revisions to the
Preferential Parking Zone "2" - Newport Heights and Cliff Haven, and pass to
second reading on September 22, 2009.
Motions Mayor Pro Tern Curry, seconded by Council Member We to approve the
Consent Calendar, except for the Item removed (14); and noting the abstention to Item 1 by
Council Member Gardner and Council Member Daigle.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb,
Council Member Gardner, Council Member Daigle
Absent: Council Member Rosansky
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
14. NEWPORT BEACH CIVIC CENTER PROJECT - APPROVAL OF AMENDMENT
NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING
FOR TRAFFIC ENGINEERING SERVICES (C- 8067). 1381100 -20091
Public Works Director Badum reviewed the contract and project. He noted that the project
addresses the immediate traffic issues, but does not include more creative traffic
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circulation improvements
Motion by-Council Member Webb seconded by Mayor Pro TenS_urry to approve
Amendment No. 1 to the Professional Services Agreement with RBF Consulting, of Irvine,
California, to provide supplemental traffic engineering services at a not to exceed price of
$217,790, and authorize the Mayor and City Clerk to execute the agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member
Webb, Council Member Gardner, Council Member Daigle
Absent: Council Member Rosansky
)UV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that she will be attending the League of California Cities (LCC)
Annual Conference in San Jose next week, reviewed the two resolutions she will be casting votes
on behalf of the City, and explained why the City will be opposing both resolutions.
XV. PUBLIC HEARINGS
20. ANNUAL REVIEW OF FLETCHER JONES DEVELOPMENT AGREEMENT
(PA2009 -052) (C -3067). (381100 -20091
Assistant Planner Nueno provided a staff report and indicated that Fletcher Jones
Motorcars has met the two conditions from 1999 relative to extending Bayview Drive and
addressing lighting issues.
In response to Council questions, Assistant Planner Nueno indicated that a review of the
development agreement was started in 2004 but was not completed. Planning Director
Lepo reported that Assistant City Manager Wood will be responding to the August 10
letter which indicated that the dealership painted the road and hindered entrance to the
trail.
Mayor Selich opened the public hearing.
Carol McDermott, representing Fletcher Jones Motorcars, stated that they have completed
all the requirements of the development agreement. She indicated that Fletcher Jones
Motorcars believes they have not restricted access to the trail; however, they have
scheduled a meeting with area residents to address the issue.
Hearing no further testimony, Mayor Selich closed the public hearing.
Motion by Mayor Pro Tem Curry, seconded by Council Member Daigle to find that
Fletcher Jones Motorcars is in good faith compliance with Development Agreement No. 9.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member
Webb, Council Member Gardner, Council Member Daigle
Absent: Council Member Rosansky
21. COST RECOVERY ORDINANCE - CHAPTER 5.86, FEE RESOLUTION AND
MASTER FEE SCHEDULE. 1700 -20091
Revenue Manager Everroad provided a staff report and stated that this reflects the
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phasing -in of fees, cost of living adjustment, updates to fees, and the inclusion of fees that
were not in the previous master fee schedule. He reported that the cost recovery ordinance
adds a 50% recovery of costs for juvenile substance abuse programs.
In response to Council questions, Revenue Manager Everroad confirmed that the City is
now outsourcing dog licenses and that the problems faced during the transition period
have been rectified. Following discussion relative to the building permit cost for solar
panels, it was the consensus of Council that the City's fee is not unreasonable.
Mayor Selich opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion bX Council Member Gardner. seconded , Council Member Webb to a)
introduce Cost Recovery Ordinance No. 2009 -21, amending Exhibit A to Chapter 3.36 of
the Newport Beach Municipal Code, and pass to second reading on September 22, 2009;
and b) adopt Resolution No. 2009.63 with Master Fee Schedule.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tern Curry, Mayor Selich, Council Member
Webb, Council Member Gardner, Council Member Daigle
Absent: Council Member Rosansky
XVI. PUBLIC COMMENTS
Irene Umipig, Community Service Programs Health Educator, provided a handout and discussed
their Prescription and Over -the- Counter Drug Prevention Project.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
22. PLANNING COMMISSION AGENDA FOR AUGUST 20, 2009. [100 -8009]
Planning Director Lepo provided a report on the following Planning Commission items:
Moriarty Residence - 2128 Mesa Drive; Port Restaurant and Bar (PA2009 -080) - 440
Heliotrope Avenue; and Balboa Inn Hotel/Seina Restaurant (PA2008 -197) - 105 Main
Street.
XVIII. CURRENT BUSINESS
23. CITY COUNCIL ACCEPTANCE OF THE FINAL REPORT FROM ICMA
CONSULTANTS REGARDING THE ESTABLISHMENT OF PERFORMANCE
MEASURES AND BENCHMARKS, IN ORDER TO CONTINUOUSLY IMPROVE AS
AN ORGANIZATION (C- 4012). (381100 -8009)
Craig Rapp, ]CMA, discussed the work that the City has put into establishing over 100
performance measures and 34 benchmarks, and noted that no other city has taken on this
size of scope as a starting point. He stated that the information can assist the City in
better understanding the organization, seeing how it compares to other agencies, and
beginning the process of asking questions about the organization and its services so it can
continuously improve. He stated that ICMA will be providing the City with a curriculum
to train new employees, managers, and Council Members. He noted that Pages 37 and 38
include ICMA observations and recommendations and pointed out that it will probably
take years before the City is immersed in the process and able to determine whether the
benchmarks and performance measures need refining or abandoning, or if new ones should
be added.
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Mayor Pro Tern Curry commended the consultants and staff for all their work, expressed
the importance of measuring and comparing performance, and noted that the
benchmarking process was reviewed by the Finance Committee. He recommended that
the new City Manager, Dave Kiff, evaluate the data, determine how he wants to use the
data to structure his management approach, and come back to Council with a plan for the
future.
Council Member Daigle commended the Finance Committee and staff, and emphasized the
importance of measuring performance, holding government accountable, and providing
equal treatment to all citizens. She expressed support for Mayor Pro Tern Curry's
recommendation. She noted that conducting audits in the future was also discussed by the
Finance Committee.
In response to Council Member Henn's questions, Mr. Rapp indicated that the plan check
process that the City established works for this organization and was developed using
customer input, but noted that this benchmark currently has no comparable data.
Regarding Human Resources expenditures per full-time employee (FTE), he confirmed
that the cost does not include health and benefit costs.
Council Member Henn also commended City Manager Bludau and staff for the work done.
He agreed with Mayor Pro Tern Curry's recommendation, and suggested that the new City
Manager also come back with a response to each recommendation and describe the next
phase of the benchmarking project. He reviewed some examples of how the information
could be utilized and evaluated in conjunction with a citizen survey.
Motion by Mayor Pro Tem Curry, seconded by Council Member Daiele to accept
the report and have the new City Manager, Dave Kill, evaluate the data, determine how
he wants to use the data to structure his management approach, come back to Council
with a plan for the future, respond to each ICMA recommendation, and describe the next
phase of the benchmarking project.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member
Webb, Council Member Gardner, Council Member Daigle
Absent: Council Member Rosansky
24. SALE OF BONDS FOR ASSESSMENT DISTRICT NO.103. [100 -20091
Finance Officer Dan Matusiewicz provided a staff report, noted that over 43% of the
property owners have paid the assessment in full, explained the purpose of the two
proposed resolutions, discussed the timeline, and highlighted the proposed rates provided
by the underwriters. He reported that the public can purchase the bonds by contacting
Miles Benickes at 323 - 658 -4411 and that an ad will be published in the Daily Pilot. He
confirmed that the rates are good, orders are probably already in place, and the blended
average rate is about 4.3 %. Council Member Henn pointed out that the blended average
rate is expected to be below the anticipated 5% to 5.5% rate, construction costs have
declined, and this project has been well timed and executed.
Motion by Council Member Webb seconded by Council Member Henn to a) adopt
Change Proceedings Resolution No. 2009 -64 which 1) reduces the assessment to reflect the
deletion of capitalized interest and 2) determines the remaining unpaid assessments; and
b) adopt Bond Issuance Resolution No. 2009 -65 which 1) authorizes the sale of 1915 Act .
Assessment bonds not to exceed $3,429,200 for Assessment District No. 103, 2) authorizes
the execution and delivery of an indenture in substantially the form presented, 3) approves
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the form of a Preliminary Official Statement and authorizes the execution and delivery of
a final Official Statement, 4) authorizes the execution and delivery of a Disclosure
Dissemination Agent Agreement in substantially the form presented, 5) authorizes the
execution and delivery of a Bond Purchase Contract in substantially the form presented,
and 6) authorizes staff to take the necessary steps to provide for the sale and issuance of
the bonds.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tern Curry, Mayor Selich, Council Member
Webb, Council Member Gardner, Council Member Daigle
Absent: Council Member Rosansky
25. WATER UTILITY FINANCIAL PLAN AND WATER RATE INCREASES. (39/100-
2009%
Utilities Director Murdoch provided the staff report and noted that the proposed notice
was included with the staff report.
Paul Matthews, Red Oak Consulting, utilized a PowerPoint presentation and reported on
bow much water rates will be increasing, rainfall has declined, and cities are becoming
more dependent on imported water. He explained the reasoning behind the proposed rate
increase, the projected rates for purchased water, the projected operating expenditures,
the current financial outlook, the financial planning objectives, and the proposed financial
plan and rates. He discussed how a typical single - family's water bill may be impacted and
provided a regional comparison of water bills, including the City's current and proposed
water rates.
In response to Council questions, Mr. Matthews discussed the meter charge equivalency
ratio comparison and emphasized the importance of having large meter users pay their
equal pro rata share. He explained why water delivery costs can vary and show up
differently on water bills, including that some agencies use property tax or investment
money to pay some of these costs.
Council Member Gardner requested that the notice point out which rates could pertain to
residential versus commercial locations, depending on water meter size.
Council Member Henn noted that the timing of the borrowing mechanism to fund capital
needs has been restructured so a loan is no longer necessary and that this is a change from
what was initially proposed to the Finance Committee. Utilities Director Murdoch
explained that they ran two financing models and realized that by utilizing cash financing,
the fixed fee may initially be higher, but will be $.30 lower at the end of five years without
altering the timeline.
Council Member Henn commended Utilities Director Murdoch and the consultants. He
recommended that the City establish a reserve policy for the water enterprise and
wastewater fund that addresses how the City establishes target reserves, the timeline for
the reserves, and how to maintain them. He indicated that this should probably be
reviewed by the Finance Committee first. Finance Officer Matusiewicz noted that the staff
report includes a recommendation for a policy but noted that, with the capital side, it is
difficult to create a policy without a criticality assessment.
Mayor Pro Tem Curry commended staff and the consultants, and emphasized the
importance of replacing the water structure.
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Motion bY-.Council Member Gardner, seconded by Council Member Webb to a)
approve the Water Utility Financial Plan; b) set the public hearing on water rate increase
for November 10, 2009; and c) direct staff to send rate increase notices as required by
Proposition 218 with the rates proposed in the Financial Plan.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member
Webb, Council Member Gardner, Council Member Daigle
Absent: Council Member Rosansky
XDC MOTION FOR RECONSIDERATION -None
XX. ADJOURNMENT - 8:49 p.m.
The agenda for the Regular Meeting was posted on September 8, 2009, at 7:46 a.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
Mayor
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